The basics of a collaborative divorce in Tennessee

| Apr 9, 2021 | Mediation & Collaborative Law |

Divorce doesn’t have to be a war. In fact, if you share children, keeping the conflict level as low as possible is probably your best option. Collaborative divorce is a common approach for couples hoping to file an uncontested divorce in Tennessee.

As you can probably imagine from the name, collaborative divorce involves working together to find solutions. By actively collaborating with one another, spouses can retain control over their divorce and move forward with minimal conflict. What is the process for a collaborative divorce?

You need to find your own attorney and review your circumstances

While keeping conflict low is a noble goal, protecting yourself and your children should always be the first priority. You want to have your own legal representation so that there is someone giving you advice about your rights under the law.

You will also have someone you can rely on to remain calm during the negotiations, which can be very important. You and your lawyer can go over your household assets and debts and your family circumstances to try to figure out what is a fair and reasonable goal for the divorce.

You and your spouse will have to negotiate

Once you know what matters the most to you and what issues you have to resolve, you can start negotiating terms. Frequently, a couple will have a joint session with both of their attorneys, often with as many follow-up sessions as they need to resolve all their remaining issues. In cases involving busy professionals or that are high-conflict, the attorneys might negotiate and then discuss possible settlement terms with their clients independently.

The goal of this process, however you structure it, is to reach a decision that both parties can agree to regarding how you split up your property and the custody of any kids you share. Through direct negotiations and compromise, the two of you can have a faster, lower-cost divorce than you would if you settled it through litigation.